Woman files suit, alleging false arrest

May 19, 2005|By Rita Hoover.

KANE COUNTY — A 65-year-old Batavia woman is suing the Kane County sheriff and a deputy for false arrest.

Marianne Maria Viereckl is seeking $5,000 in damages for false arrest and imprisonment in the suit, which names Kane County Sheriff Ken Ramsey and the arresting officer, Deputy Edward Pogorzelski. Viereckl was arrested at her Chillem Drive home in May 2004.

According to police and court records, Viereckl turned away a process server who tried to serve her husband, Joseph, with legal documents. She allegedly told the server that her husband was not home but would be home the following evening. The server returned with Pogorzelski 15 minutes later.

Viereckl said the deputy stuck his foot in her partially opened door to keep her from closing it against him. The suit alleges the deputy refused Viereckl's request to identify himself and to state his reason for being there, telling Viereckl "when I'm done I'll give you my name."

Viereckl was taken into custody and charged with obstructing a peace officer by not providing her full name and birth date. In addition to the civil suit, Viereckl has filed a motion to have her arrest expunged.